When Jacob Sweet was born at Providence Hospital in Anchorage, Alaska in
January 1986, it was a dream come true for his parents, Beverly and Gary.
But their dream took a nightmarish turn only nine days later when they took
their son back to the hospital for treatment of an infected circumcision and
the hospital returned a severely brain-damaged and blind child. The
nightmare continued for 13 years and included "lost" medical records and
an Alaska lawyer who claimed to be an experienced medical malpractice
attorney, but who had never tried a malpractice case. This is the story
behind a major legal malpractice settlement announced today between a
Bothell, Wash., family and the Alaska law firm that handled the Sweet's
medical malpractice lawsuit against Providence Hospital of Anchorage and the
pediatrician who treated Jacob for the infection.

The settlement ends a 13-year battle for the Sweets who were forced to
fight for their son in the court system on two occasions. First, they sought
justice from the hospital and doctor who allegedly caused Jacob's injuries,
and who then "lost" the medical records critical to proving Jacob's case.
Then, after Alaska lawyer Alan Sherry mishandled the Sweets' medical
malpractice case, they were forced to once again resort to the courts to get
justice for Jacob.

Seattle attorney Mark Johnson represented the Sweets in the legal
malpractice suit, arguing the Sweet's first attorney misrepresented himself
as a seasoned malpractice lawyer and then failed to properly try the Sweets'
medical negligence case. The Sweets had hired Sherry to sue Providence
Hospital of Anchorage for negligent care of Jacob during his hospital stay.

The amount awarded to the Sweets is confidential as part of the settlement
agreement.

"This has been tragedy at every turn for this family," Johnson said.
"First the healthcare system devastated their child. Then, when the Sweets
most needed an aggressive, experienced and competent lawyer, an attorney
with no malpractice experience misled them and failed to properly try the
case. That cost them their opportunity to recover damages from the hospital
and the pediatrician," he added.

The Underlying Medical Malpractice Case

The Sweet's tragedy started on January 25, 1986, in Anchorage, Alaska, when
they brought their nine-day-old son Jacob back to Providence Hospital after
he exhibited signs of an infected circumcision. Jacob was admitted to the
pediatric ward and displayed seizure activity for 24 hours, but their
pediatrician, Dr. Daniel Tulip, was absent most of the time and failed to
refer Jacob to a neonatologist until after Jacob had suffered the brain
damage that would leave him physically devastated, developmentally delayed,
and utterly dependent for the rest of his life.

Injustice Served Twice

The Sweet's calamity compounded when the Alaska law firm they hired to try
their medical malpractice suit improperly handled the case. According to
Johnson, the lawsuit hinged on the fact that Jacob's medical records
disappeared shortly after this tragic episode in the hospital, suggesting
that someone was trying to cover up a negligent act. Sweet's first legal
team failed to present this evidence properly, although they had key
witnesses prepared to present the opinion that the records must have been
intentionally destroyed, claims Johnson. The Sweets lost the suit, and with
it all hope of recovering damages from the hospital that would cover the
costs of lifelong care for Jacob's severe injuries.

Racked with guilt and with mounting medical bills, the Sweets hired Mark
Johnson to represent them in an action for legal negligence, because of his
dual experience in medical and legal malpractice cases.

"To me the Sweets are heroic figures," Johnson said. "In order to right
a terrible wrong -- the catastrophic injury to their son -- they confronted
two of society's most powerful institutions: the medical system and the
legal system. They fought for 13 years until they prevailed."

Legal malpractice cases are difficult to prove, because the plaintiff must
not only prove the defendant attorney was negligent, but that the client
would have won the case if the attorney had acted differently, according to
the International Association of Defense Counsel.

"This brings some peace-of-mind to our lives, although we are still
convinced that Jacob's doctor and the hospital have never told the truth,"
said Beverly Sweet. "At least now we can provide for Jacob's medical care
and future."

Mark Johnson is the co-owner of Johnson Flora, a legal and medical
malpractice firm in Seattle. Johnson has significant experience in
representing children and families who have been harmed as a result of
preventable birth and neonatal injuries and is listed in the book "The Best
Lawyers In America" for his work in legal malpractice law.